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Attractive Nuisance Research Paper

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Possessors and owners of land are not liable for injuries to trespassers. N.C. Gen Stat. §38B-2. The exceptions to this rule are intentional harms, attractive nuisance and if the trespasser is in a position of peril. §38B-3. Under attractive nuisance, owners can be liable for injuries to trespassing children resulting from an artificial condition. Id. An artificial condition is not natural or obvious on the land but rather uncommon and human made. Leonard v. Lowe’s Home Ctrs., Inc., 506 S.E. 2d 291 (N.C. Ct. App 1998). To have a claim for attractive nuisance, there are five elements that must be met: (1) the owners know or should have known children are likely to trespass; (2) the owners know or should have known that the condition was

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